572 PEOPLE VS. NG YIK BUN - G.R. NO.

180452 - JANUARY 10, 2011

FACTS

On August 24, 2000, at around 9:00 p.m., Capt. Danilo Ibon of Task Force Aduana received information from an
operative that there was an ongoing shipment of contraband in Barangay Bignay II, Sariaya, Quezon Province. Upon
instructions from his superior, Major Carlo Magno Tabo, Capt. Ibon formed a team in coordination with a Philippine
National Police detachment, and, along with the operative, the team then proceeded to Villa Vicenta Resort in
Barangay Bignay II, Sariaya.

The members of the team were able to observe the goings-on at the resort from a distance of around 50 meters. They
spotted six Chinese-looking men loading bags containing a white substance into a white van. Having been noticed,
Capt. Ibon identified his team and asked accused-appellant Chua Shilou Hwan (Hwan) what they were loading on the
van. Hwan replied that it was shabu and pointed, when probed further, to accused-appellant Raymond Tan as the
leader. A total of 172 bags of suspected shabu were then confiscated. Bundles of noodles ( bihon) were also found on
the premises.

A laboratory report prepared later by Police Inspector Mary Jean Geronimo on samples of the 172 confiscated bags
showed the white substance to be shabu.

ISSUE

Whether or not there was a valid warrantless arrest

RULING

YES. In the instant case, contrary to accused-appellants’ contention, there was indeed a valid warrantless arrest  in
flagrante delicto. Consider the circumstances immediately prior to and surrounding the arrest of accused-appellants:
(1) the police officers received information from an operative about an ongoing shipment of contraband; (2) the police
officers, with the operative, proceeded to Villa Vicenta Resort in Barangay Bignay II, Sariaya, Quezon; (3) they
observed the goings-on at the resort from a distance of around 50 meters; and (4) they spotted the six accused-
appellants loading transparent bags containing a white substance into a white L-300 van. The following exchange
between Capt.

Evidently, the arresting police officers had probable cause to suspect that accused-appellants were loading and
transporting contraband, more so when Hwan, upon being accosted, readily mentioned that they were loading shabu
and pointed to Tan as their leader. Thus, the arrest of accused-appellants––who were caught in flagrante delicto of
possessing, and in the act of loading into a white L-300 van, shabu, a prohibited drug under RA 6425, as amended ––is
valid.

Moreover, present in the instant case are all the elements of illegal possession of drugs: (1) the accused is in
possession of an item or object which is identified to be a prohibited drug; (2) such possession is not authorized by
law; and (3) the accused freely and consciously possesses the said drug. Accused-appellants were positively identified
in court as the individuals caught loading and possessing illegal drugs. They were found to be in possession of
prohibited drugs without proof that they were duly authorized by law to possess them. Having been caught in flagrante
delicto, there is, therefore, a prima facie evidence of animus possidendi on the part of accused-appellants.  There is,
thus, no merit to the argument of the defense that a warrant was needed to arrest accused-appellants.

WHEREFORE, the appeal is DENIED. The CA Decision in CA-G.R. CR-H.C. No. 00485, finding accused-
appellants Ng Yik Bun, Kwok Wai Cheng, Chang Chaun Shi, Chua Shilou Hwan, Kan Shun Min, and Raymond S.
Tan guilty beyond reasonable doubt of violating Sec. 16, Art. III of RA 6425, as amended, is AFFIRMED IN TOTO.